Concluding observations on the combined seventh to ninth periodic
reports of Switzerland[*]

1. The Committee considered the combined seventh to ninth periodic reports of
Switzerland, submitted in one document (CERD/C/CHE/7-9),
at its 2283rd and
2284th meetings (CERD/C/SR.2283 and 2284), held on 14 and 17 February 2014. At
its 2291st meeting (CERD/C/SR.2291),
held on 20 February 2014, it adopted the
following concluding observations.

A. Introduction

2. The Committee welcomes the combined seventh to ninth periodic reports
submitted by Switzerland, which provide detailed information
on the
implementation of the recommendations contained in the Committee’s
previous concluding observations.

3. The Committee also welcomes the additional information provided by the
delegation of the State party in response to the issues
raised by the Committee
during the frank and constructive dialogue.

B. Positive aspects

4. The Committee notes with appreciation the legislative and policy
developments to combat racial discrimination in the State party
since its last
report, including:

(a) Establishment of the Swiss Centre for Expertise in Human Rights, in 2010,
as a five-year pilot project to facilitate the implementation
of the State
party’s international human rights obligations;

(b) Launch of a four-year integration programme by the Federal Office of
Migration and the cantons, in January 2014, which will lead,
inter alia, to the
establishment in all cantons of advisory services for victims of racial
discrimination.

5. The Committee also welcomes the ratification by the State party of the
Optional Protocol to the Convention on the Elimination of
All Forms of
Discrimination against Women, in 2008, and the Optional Protocol to the
Convention against Torture and other Cruel,
Inhuman or Degrading Treatment or
Punishment, in 2009.

C. Concerns and recommendations

Application of the Convention under domestic law

6. The Committee reiterates its concern at the lack of effective de jureimplementation of the Convention, including the lack of progress in
introducing legislation at the federal level that:

(a) Contains a clear definition of direct and indirect racial discrimination,
in accordance with the definition set out in article
1, paragraph 1, of the
Convention;

(b) Clearly prohibits and provides adequate remedies for racial
discrimination under civil and administrative law, including in areas
such as
employment, education and housing;

(c) Makes committing an offence with racist motivation or aim an aggravating
circumstance under the Criminal Code (arts. 1, 2 and
6).

The Committee recommends that the State party:

(a) Adopt a clear and comprehensive definition of racial discrimination,
including direct and indirect discrimination, covering all
fields of law and
public life, in accordance with article 1, paragraph 1, of the Convention;

(b) Introduce an overarching provision in its civil and administrative law
prohibiting both direct and indirect racial discrimination
in all areas of
private and public life, and provide adequate remedies for such discrimination;

(c) Incorporate a provision in the Criminal Code to the effect that
committing an offence with racist motivation or aim constitutes
an aggravating
circumstance allowing for more severe punishment, as set out in the
Committee’s general recommendation No. 30
(2004) on discrimination against
non-citizens, and take into account the Committee’s general recommendation
No. 31 (2005) on
the prevention of racial discrimination in the administration
and functioning of the criminal justice system.

7. The Committee is concerned at the restrictive interpretation of article
261 bis of the Criminal Code by the judicial authorities,
noting that cases of
discriminatory remarks or actions directed at people from certain regions or
ethnicities are frequently dismissed
on the grounds that they are not based on a
particular nationality or ethnicity. It expresses further concern that,
following the
revision of the Criminal Procedural Code which entered into force
in January 2011, under article 115 of the Code, only a person who
has suffered
direct harm may be a party to the proceedings, thus precluding associations and
organizations from filing complaints
of racial discrimination. The Committee
regrets that remedies in the area of civil and administrative law are restricted
to compensation
only (arts. 2 and 6).

The Committee urges the State party to take effective measures, as
provided for in article 6 of the Convention, to ensure that everyone
within its
jurisdiction enjoys effective protection and remedies through the competent
national courts and other State institutions
against any acts of racial
discrimination which violate his or her rights, as well as the right to seek
from such courts just and
adequate reparation or satisfaction for any damage
suffered as a result of such discrimination, including restitution. The
Committee
also calls on the State party to sensitize legal personnel, including
the judiciary, to international norms against racial discrimination.

8. While noting the unique system of direct democracy in the State party, the
Committee expresses deep concern at the lack of sufficient
safeguards to ensure
that popular initiatives proposed by citizens do not contradict the obligations
of the State party under the
Convention (art. 2).

The Committee urges the State party to step up its efforts to introduce an
effective and independent mechanism to review the compatibility
of popular
initiatives with the State party’s obligations under international human
rights law, including the Convention. The
Committee also recommends that the
State party urgently and systematically strengthen its efforts at all levels to
widely publicize
and raise awareness among the public about any conflict between
a proposed initiative and the State party’s international human
rights
obligations, as well as the ensuing consequences.

Absence of reliable data on discrimination

9. Despite allegations of discrimination on the basis of race, colour,
descent, or national or ethnic origin in various areas of public
and private
life, particularly in accessing housing and the labour market, and in treatment
at work and at school, the Committee
is concerned at the absence of reliable and
comprehensive data on such incidents, including court cases. Moreover, while
noting that
the DoSyRa documentation and monitoring system was established in
2008 to record cases of racism registered by the counselling services
affiliated
to the Counselling Network for Victims of Racism, and that the Federal
Commission against Racism has been mandated to
collect statistics of cases under
article 261 bis of the Criminal Code, the Committee is concerned that there is
no nationwide established
reporting practice (arts. 2 and 6).

The Committee recommends that the State party establish an effective data
collection system, using various indicators of ethnic diversity
on the basis of
anonymity and self-identification of persons and groups, to provide an adequate
empirical basis for policies to enhance
the equal enjoyment by all of the rights
enshrined in the Convention and facilitate the monitoring thereof, as set out in
the Committee’s
revised reporting guidelines (CERD/C/2007/1, paras. 10 and
12), bearing in mind the Committee’s general recommendation No.
24 (1999)
on reporting of persons belonging to different races, national/ethnic groups, or
indigenous peoples. The Committee also
urges the State party to ensure that
everyone within its jurisdiction enjoys the right to effective protection and
remedies against
discrimination in all areas of public and private life,
including in accessing housing and the labour market, and in treatment at
work
and at school, with adequate reparation or satisfaction for any damage suffered
as a result of such discrimination, in accordance
with article 6 of the
Convention.

National human rights institution

10. While welcoming the issuance of a new appointment order by the Federal
Council to strengthen the independence of the Federal Commission
against Racism,
in May 2013, and the establishment of the Swiss Centre for Expertise in Human
Rights, in 2010, the Committee reiterates
its concern at the lack of a national
human rights institution in accordance with the Paris Principles. It also notes
that the Federal
Commission against Racism has been granted “C”
status by the International Coordinating Committee of National Institutions
for
the Promotion and Protection of Human Rights (art. 2).

The Committee reiterates its previous recommendation that the State party
consider establishing a national human rights institution
in accordance with the
Principles relating to the status of national institutions (the Paris
Principles), taking into account the
Committee’s general recommendation
No. 17 (1993) on the establishment of national institutions to facilitate
implementation
of the Convention. It also recommends that the Federal Commission
against Racism be provided with adequate funding and resources
to effectively
and independently carry out its mandate to combat racial discrimination.

Reservations

11. The Committee reiterates its concern at the maintenance of reservations
to article 2 of the Convention regarding the right of
the State party to apply
its legal provisions concerning the admission of foreigners to the Swiss market,
and to article 4 concerning
the right of the State party to take necessary
legislative measures taking due account of freedom of opinion and freedom of
association
(arts. 2 and 4).

The Committee reiterates its previous recommendation that the State party
consider withdrawing its reservations to article 2, paragraph
1 (a), and article
4 of the Convention. Should the State party decide to maintain the reservations,
the Committee requests that the
State party provide, in its next periodic
report, detailed information as to why the reservations are necessary, the
nature and scope
of the reservations, their precise effects in terms of national
law and policy, and any plans to limit or withdraw the reservations
within a
specified time frame.

Racism and xenophobia in politics and the media

12. The Committee is deeply concerned at racist stereotypes promoted by
members of right-wing populist parties and sections of the
media, in particular
against people from Africa and south-eastern Europe, Muslims, Travellers,
Yenish, Roma, asylum seekers and immigrants.
It is also concerned at the display
of political posters with racist and/or xenophobic content and of racist
symbols, as well as
at racist behaviour and at the lack of prosecution in such
cases. The Committee is further concerned at the xenophobic tone of popular
initiatives targeting non-citizens, such as the initiative “against the
construction of minarets”, adopted in November
2009, the initiative on the
“expulsion of foreign criminals”, adopted in November 2010, and the
initiative “against
mass immigration”, adopted in February 2014. The
Committee notes that such initiatives have led to a sense of unease among
the
affected communities and in Swiss society generally (arts. 2, 4
and 6).

The Committee recommends that the State party:

(a) Undertake extensive and systematic awareness-raising activities at all
levels in the public and political spheres to combat stigmatization,
generalization, stereotyping and prejudice against non-citizens, sending a clear
message concerning the abhorrence of racial discrimination,
which degrades the
standing of individuals and groups in the estimation of society, taking into
account the Committee’s general
recommendation No. 30 (2004) on
discrimination against non-citizens;

(b) Take appropriate measures towards ensuring that media representations
of ethnic groups are based on the principles of respect,
fairness and the
avoidance of stereotyping, and that the media avoid referring unnecessarily to
race, ethnicity, religion and other
group characteristics in a manner that may
promote intolerance;

(c) Sensitize legal personnel, including the judiciary, to international
norms protecting freedom of opinion and expression and norms
against racist hate
speech, as set out in the Committee’s general recommendation No. 35
(2013) on combating racist hate speech;

(d) Take swift measures, in addition to prosecution, to respond to
instances of racist remarks or acts, including formal rejection
by high-level
public officials and condemnation of hateful ideas expressed, as set out in the
Committee’s general recommendation
No. 35 (2013) on combating racist hate
speech.

Naturalization

13. While noting that the Swiss Citizenship Act is currently being revised,
the Committee expresses concern at initiatives calling
for stricter criteria for
naturalization, including the popular initiative adopted in Bern in November
2013, which stipulates that
recipients of welfare benefits cannot become
naturalized citizens. While the Committee is aware that this initiative is
currently
being reviewed by the Parliamentary Assembly, it is concerned that the
general political climate in the State party may lead to a
more discriminatory
system of naturalization (arts. 1 and 5).

The Committee recommends that the State party ensure that any revision of
the Swiss Citizenship Act does not have a disproportionate
and discriminatory
impact on certain groups. It also reiterates its previous recommendation that
the State party adopt uniform standards
on integration for the naturalization
process, in conformity with the Convention, and take all effective and adequate
measures to
ensure that naturalization applications are not rejected on
discriminatory grounds throughout the territory of the State party, including
by
establishing an independent and uniform appeals procedure in all cantons.

Racial profiling and excessive use of force

14. The Committee reiterates its previous concern at the use of racial
profiling by law enforcement officials and at the lack of related
statistics. It
is also concerned at reports of excessive use of force during police checks,
harassment of Roma and people of African
origin by the police, and the lack of
an independent mechanism throughout the State party to receive and investigate
complaints of
mistreatment by the police (arts. 2 and 5).

Recalling its general recommendation No. 31 (2005) on the prevention of
racial discrimination in the administration and functioning
of the criminal
justice system, the Committee calls on the State party to take effective
measures to ensure that individuals are
not targeted for identity checks,
searches and other police operations on the grounds of race or ethnicity, and to
take appropriate
legal measures against law enforcement officials for unlawful
conduct based on racially discriminatory grounds. It also recommends
that the
State party establish an independent mechanism to receive and investigate
complaints concerning misconduct by police officers
in each canton, and ensure
that human rights training for police officers is conducted in all cantons, in
accordance with general
recommendation No. 13 (1993) on the training of law
enforcement officials in the protection of human rights.

National minorities

15. While welcoming the efforts made by the State party to guarantee the
rights of national minorities, the Committee remains concerned
that Traveller
communities and the Yenish, Manush, Sinti and Roma continue to face obstacles in
accessing education and preserving
their language and lifestyle. The Committee
expresses concern that those communities may face indirect discrimination as a
result
of seemingly neutral laws and policies, particularly with regard to
land-use planning and police regulations on trading activity
and regulations on
the stationing of caravans. It also notes that these communities are frequently
subjected to generalizations and
stereotypes in the media, which can lead to
stigmatization (art. 5).

The Committee recommends that the State party strengthen its efforts to
promote and protect the rights of national minorities, particularly
with regard
to access to education and the preservation of their language and lifestyle. It
calls on the State party to ensure that
laws and policies which may seem neutral
do not have any discriminatory impact on the rights of members of national
minorities. The
Committee also encourages the State party to raise awareness
among the public about the history and characteristics of different
national
minorities, and to take appropriate and effective measures to avoid
generalizations and stereotypes in the media.

Persons granted temporary admission (“F” permit)

16. While welcoming the humanitarian basis of the provisional admission
status granted to persons who have fled conflict and generalized
violence and
cannot return to their home countries (“F” permit), the Committee
expresses deep concern at the undue hardship
faced by persons who are granted
such status if they remain in the State party for a long time. It notes with
concern that this status
is not linked with a residence permit, and imposes
restrictions on “F” permit holders in most areas of their lives,
which
could give rise to de facto discrimination against such vulnerable
non-citizens, including: (a) restrictions on freedom of movement,
including from
one canton to another within the State party, as well as travel abroad; (b) de
facto lack of access to employment
due, inter alia, to the perceived uncertainty
of the provisional admission status; (c) the lengthy waiting period of three
years
or more for family reunification, which also requires an adequate level of
income and a suitable place of accommodation; and (d)
limited access to
educational and training opportunities and to health care (art. 5).

The Committee urges the State party to eliminate any indirect
discrimination and undue obstacles for persons granted provisional admission
status to enjoy their basic human rights. In this regard, the Committee reminds
the State party that differential treatment based
on citizenship or immigration
status will constitute discrimination if the criteria for differentiation,
judged in the light of the
objectives and purposes of the Convention, are not
applied pursuant to a legitimate aim and are not proportional to the achievement
of that aim, as set out in the Committee’s general recommendation No. 30
(2004) on discrimination against non-citizens. The
Committee recommends that the
State party eliminate disproportionate restrictions on the rights of
provisionally admitted persons,
in particular those who have been in the State
party for a long time, by enabling them to move freely within the State party
and
by facilitating the process of family unification and access to employment,
educational opportunities and health care.

Non-citizens

17. The Committee remains concerned at the situation of asylum seekers and
refugees, who are accommodated in remote reception centres
with limited access
to employment and training opportunities, and whose rights are at continuous
risk of being further eroded. It
expresses particular concern at the restriction
of freedom of movement of asylum seekers in some public spaces in some
municipalities.
The Committee is also concerned about the situation of migrants
and undocumented persons, in particular women, who are more vulnerable
to
poverty and violence and are at risk of multiple forms of discrimination in
areas such as access to housing and employment. While
welcoming the revision of
the Federal Act on Foreign Nationals in July 2013, which provides for the right
of victims of marital violence
to remain in Switzerland, the Committee expresses
concern that the level of violence must reach a certain threshold of severity
for
the benefits of that Act to apply (arts. 2 and 5).

The Committee calls upon the State party to take effective measures to
eliminate discrimination against non-citizens, in particular
migrants,
undocumented persons, asylum seekers and refugees, and to ensure that any
restriction on their rights is based on a legitimate
aim and is proportionate to
the achievement of the aim, in accordance with the Committee’s general
recommendation No. 30 (2004)
on discrimination against non-citizens. It also
urges the State party to address the particular risks and vulnerability faced by
women belonging to those groups, and to ensure that victims of marital violence
can remain in the State party without undue procedural
obstacles. In this
regard, the Committee draws the attention of the State party to its general
recommendation No. 25 (2000) on gender
related dimensions of racial
discrimination.

Education and training on combating racial discrimination

18. While noting various measures taken by the State party to promote the
integration of foreigners and ethnic and religious communities
in the State
party, the Committee expresses concern at the absence of campaigns directed at
the public to combat racial discrimination
throughout the State party. It also
reiterates its concern at the lack of a national action plan to combat racial
discrimination,
as referred to in the Durban Declaration and Programme of Action
(arts. 2 and 7).

The Committee reminds the State party that integration is a two-way
process involving both majority and minority communities, and
recommends that
the State party adopt additional measures targeting the majority community to
combat racial discrimination. In this
regard, the Committee reiterates its
previous recommendation that the State party adopt a national action plan to
combat racial discrimination,
and carry out information campaigns to raise
awareness among the public of the manifestations and harms of racial
discrimination.
It also encourages the State party to ensure that school
curricula, textbooks and teaching materials are informed by and address
human
rights themes and seek to promote mutual respect and tolerance among nations and
racial and ethnic groups.

D. Other recommendations

Ratification of other treaties

19. Bearing in mind the indivisibility of all human rights, the Committee
encourages the State party to consider ratifying international
human rights
treaties which it has not yet ratified, in particular treaties with provisions
that have a direct relevance to communities
that may be the subject of racial
discrimination, such as the International Convention on the Protection of the
Rights of All Migrant
Workers and Members of Their Families, International Labor
Organization Convention No. 189 (2011) concerning decent work for domestic
workers, the 1961 Convention on the Reduction of Statelessness and the United
Nations Educational, Scientific and Cultural Organization
Convention against
Discrimination in Education.

Consultations with organizations of civil society

20. The Committee recommends that the State party continue consulting and
expanding its dialogue with civil society organizations
working in the area of
human rights protection, in particular combating racial discrimination, in
connection with the preparation
of the next periodic report and the follow-up to
the present concluding observations.

Dissemination

21. The Committee recommends that the State party’s reports be made
readily available and accessible to the public at the time
of their submission,
and that the observations of the Committee with respect to those reports be
similarly publicized in the official
and other commonly used languages, as
appropriate.

Common core document

22. Noting that the State party submitted its core document in 2001, the
Committee encourages it to submit an updated core document,
in accordance with
the harmonized guidelines on reporting under the international human rights
treaties, in particular those on the
common core document, as adopted by the
fifth Inter-Committee Meeting of the human rights treaty bodies, held in June
2006 (HRI/GEN.2/Rev.6,
chap. I).

Follow-up to concluding observations

23. In accordance with article 9, paragraph 1, of the Convention and rule 65
of its amended rules of procedure, the Committee requests
the State party to
provide information, within one year of the adoption of the present conclusions,
on its follow-up to the recommendations
contained in paragraphs 12, 13 and 16
above.

Paragraphs of particular importance

24. The Committee also wishes to draw the attention of the State party to the
particular importance of the recommendations in paragraphs
6, 7, and 9 above and
requests the State party to provide detailed information in its next periodic
report on concrete measures taken
to implement those recommendations.

Preparation of the next periodic report

25. The Committee recommends that the State party submit its combined tenth
to twelfth periodic reports, in one document, by 29 December
2017, taking into
account the specific reporting guidelines adopted by the Committee during its
seventy-first session (CERD/C/2007/1)
and addressing all points raised in the
present concluding observations. The Committee also urges the State party to
observe the
page limit of 40 pages for treaty-specific reports and 60 to 80
pages for the common core document (HRI/GEN.2/Rev.6, chap. I,
para.
19).

[*] Adopted by the Committee at
its eighty-fourth session (3–21 February 2014).